Privacy · Recording Consent

Is It Legal to Record a Call in Oregon?

Whether you can record a conversation in Oregon, whether everyone must consent, the exceptions, the criminal penalty, and the trap that catches interstate calls. Cited to the statute.

Confirmedagainst § 165.540Reviewed by Cholilurrohman · July 2026

Is it legal to record a call? · Oregon

One-party for phone, notice to all in person

Audio recording

Oregon splits the rule. ORS 165.540(1)(a) lets you record a telephone or radio communication with at least one participant’s consent. ORS 165.540(1)(c) makes it unlawful to record an in-person conversation unless all participants are specifically informed that it is being obtained. That is notice, not consent.

Consent neededOne-party for phone, notice to all in person

Statute§ 165.540

The rules and exceptions in Oregon

Whose consent you need, when the rule does not apply, and the penalty for getting it wrong.

The rule in this state	What it means
Phone calls are one-party	ORS 165.540(1)(a) only bars obtaining a telecommunication or radio communication "to which the person is not a participant" without one participant’s consent. Recording your own phone call falls outside the prohibition entirely.
In-person recording needs notice to everyone	ORS 165.540(1)(c) makes it unlawful to obtain any part of a conversation unless all participants are specifically informed that it is being obtained. It applies even to a participant, and it demands notice, not agreement.
A Zoom call is an in-person conversation	Since 2021, ORS 165.535(1) folds video conferencing into "conversation" and pulls it out of "telecommunication," so a Zoom, Teams, or FaceTime call follows the strict all-participants-informed rule, not the lenient phone rule.
No privacy element in person	ORS 165.535(1) defines "conversation" as an oral communication that is not a telecommunication or radio communication, with no reasonable-expectation-of-privacy element. Oregon protects the conversation by its form, not because it was private.

When it is different	What it means
Recording police in the open	You may record a law enforcement officer performing official duties if you do it openly and in plain view, the conversation is audible by normal unaided hearing, and you are lawfully present (ORS 165.540(5)(b)).
Public and unconcealed settings	Public or semipublic meetings, hearings, speeches, and events are carved out, as are private meetings where others knew or should have known, but only if an unconcealed device is used or the communication is by video conference (ORS 165.540(6)(a)).
Felony endangering life, and court orders	Recording a conversation during a felony that endangers human life is carved out (ORS 165.540(5)(a)), as are court orders under ORS 133.724 and 133.726.

Penalty

Violating either branch of ORS 165.540(1) is a Class A misdemeanor, with up to 364 days of imprisonment (ORS 161.615(1)) and a fine of up to $6,250 (ORS 161.635(1)(a)). The main civil consequence is evidentiary. Under ORS 41.910, evidence obtained in violation of ORS 165.540 is generally inadmissible except as evidence of the unlawful interception. Oregon’s wiretap damages statute, ORS 133.739, reaches only ORS 133.724 or 133.737 violations, not ORS 165.540, so do not assume a $1,000 statutory-damages claim.

Federal floor and cross-state calls

Federal law is a one-party rule, and so is Oregon on the phone. The cross-border trap runs the reverse way, though. An out-of-state party who assumes "Oregon is one-party" and records an in-person meeting or a video call with Oregonians without telling everyone has violated ORS 165.540(1)(c), even though the same conduct on a telephone would be lawful.

What you can do right now

Concrete, neutral steps before you record a conversation in Oregon. This is legal information, not legal advice.

For a phone call, one participant’s consent is enough
Recording a telephone or radio communication you are part of is outside the prohibition, and one participant’s consent covers a call you are not on (ORS 165.540(1)(a)).
For in-person or video, tell everyone
ORS 165.540(1)(c) requires that all participants be specifically informed the conversation is being obtained. A Zoom call counts as in-person, so announce it there too.
Do not assume a statutory damages claim exists
ORS 133.739 does not reach ORS 165.540 violations. The concrete consequences are criminal liability and inadmissibility of the recording under ORS 41.910.
Talk to an Oregon attorney if you are accused
A Class A misdemeanor carries up to 364 days and a $6,250 fine. A licensed Oregon attorney can assess the phone-versus-in-person question, and the Department of Justice handles statewide matters.

Find a lawyer in Oregon

Illegal recording can be a felony. If you have been recorded without consent, or are accused of it, this resource can connect you with a licensed attorney.

→ Oregon Department of Justice

This is general legal information, not legal advice. The expectation of privacy, the purpose of a recording, and interstate calls can change the answer, so confirm your situation with a licensed attorney.

What people get wrong about recording in Oregon

Oregon does not fit the usual one-party or all-party box, because it splits the rule by channel and, in person, asks for notice rather than consent. ORS 165.540(1)(a) lets you record a telephone or radio communication with at least one participant’s consent, and recording your own call is outside the prohibition entirely. ORS 165.540(1)(c) is stricter and different. It makes it unlawful to obtain any part of an in-person conversation unless all participants are specifically informed that it is being obtained. That is a notice rule, satisfied when everyone is told even if someone objects, which is a meaningfully different thing from the all-party consent label most charts slap on Oregon. Since 2021, a Zoom call is legally an in-person conversation in Oregon, not a phone call. ORS 165.535(1) folds video conferencing into "conversation" and pulls it out of "telecommunication," so the strict all-participants-informed rule applies to your video meetings while the lenient phone rule does not. Oregon’s in-person branch also has no reasonable-expectation-of-privacy element at all, protecting a conversation because of its form rather than its privacy. Oregon expressly protects filming the police, allowing you to record an on-duty officer if you do it openly, in plain view, where you may lawfully be, and the conversation is audible to normal unaided hearing. A violation is a Class A misdemeanor, and note that Oregon’s wiretap damages statute does not reach ORS 165.540, so the real consequences are criminal liability and inadmissibility of the recording.

Common questions

Is Oregon a one-party or all-party state?

Both, depending on the channel. Phone and radio calls are one-party under ORS 165.540(1)(a), while in-person conversations, and video calls, require that all participants be specifically informed under ORS 165.540(1)(c).

Do I need everyone’s permission to record a Zoom meeting in Oregon?

You need to tell everyone, not necessarily get their agreement. Since 2021 a Zoom call counts as an in-person conversation under ORS 165.535(1), so the all-participants-informed rule of ORS 165.540(1)(c) applies.

Can I record a police officer during a stop in Oregon?

Yes, within limits. ORS 165.540(5)(b) permits recording an on-duty officer if you do it openly and in plain view, the conversation is audible by normal unaided hearing, and you are lawfully present.

Can I sue for damages if someone secretly recorded my conversation in Oregon?

Probably not under the wiretap act. ORS 133.739 does not reach ORS 165.540 violations, so the main consequences are criminal liability and inadmissibility under ORS 41.910. A common-law privacy claim may still be available.

Primary source

→ Or. Rev. Stat. § 165.540

Or. Rev. Stat. 165.540 · oregonlegislature.gov

Cholilurrohman
Every figure on this page is checked line-by-line against the current statute. Editorial standards →

Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.

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